State Super SAS Trustee Corporation Ltd v Perrin [2016] NSWCA 232

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State Super SAS Trustee Corporation Ltd v Perrin [2016] NSWCA 232 Hearing dates: 2 August 2016 Decision date: 01 September 2016 Before: Basten JA at [1]; Gleeson JA at [32]; Sackville AJA at [81] Decision: (1) Extend the time for filing of the notice of appeal to 7 March 2016.

(2) Appeal allowed.

(3) Set aside the determination and orders made by Neilson DCJ on 2 November 2015 and in place thereof:

(a) Dismiss the appeal to the District Court;

(b) Make no order as to costs of the proceedings in the District Court.

(4) Respondent to pay the appellant's costs of the appeal in this Court.

(5) Respondent to have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – appeal from District Court's residual jurisdiction – whether error in point of law – District Court Act 1973, s 142N – proceedings under Police Regulation (Superannuation) Act 1906, s 21 seeking to set aside decision of STC

WORKERS' COMPENSATION – entitlement to compensation - grant of gratuity under s 12D(1) – whether surgical treatment of neck reasonably necessary under Workers Compensation Act 1987, s 60 – whether primary judge found that as a result of certified "hurt on duty" injury proposed surgery reasonably necessary

SUPERANNUATION –former police officer – grant of gratuity sought for surgical treatment –decision by STC that proposed surgery not reasonably necessary – finding by primary judge that other causes of officer's neck pain be excluded before proposed surgery reasonably necessary – whether exercise of incidental power under Superannuation Administration Act 1996, s 57 Legislation Cited: District Court Act 1973 (NSW) s 142G, 142N Police Regulation (Superannuation) Act 1906 (NSW) s 1, 3, 9A, 10, 10(1A), 10B, 12D, 21 Superannuation Administration Act 1996 (NSW) s 57 Trustee Act 1925 (NSW) s 57 Uniform Civil Procedure Rules 2005 (NSW) r 42.1, 51.9 Workers Compensation Act 1987 (NSW) s 4, 59, 60, 61 and 62 Cases Cited: Bartolo v Western Sydney Area Health Service (1987) 14 NSWCCR 223 Commissioner of Police v Kennedy [2007] NSWCA 328 Perrin v SAS Trustee Corporation (No 2) [2015] NSWDC 345 Perrin v SAS Trustee Corporation [2014] NSWDC 203 Perrin v SAS Trustee Corporation [2013] NSWDC 191 Rose v Health Commission (NSW) (1986) 2 NSWCCR 32 Category: Principal judgment Parties: State Super SAS Trustee Corporation Ltd (Appellant) Scott David Perrin (Respondent) Representation: Counsel: D Stanton/ J Harrison (Appellant) C Birch SC/ P O'Rourke (Respondent)